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A California Environmental Court to Adjudicate Climate Change

Climate change creates mitigation and adaptation needs across the country, especially in California, which faces flooding, erosion, fire, and extreme weather. To armor against the rising tide of climate change and its accompanying flood of litigation, California should create a specialized environmental court to adjudicate state climate issues. (read more)

Closing the Ocean Fracking Gap: EPA Leadership Is Needed to Regulate Aging Rigs and Evolving Risks Offshore

This Note explores how fracking has slipped through the cracks in a closely regulated industry. Examining the root of the problem, this Note outlines how we might design an administrative apparatus to address emerging environmental harms in the context of aging oil and gas infrastructure. (read more)

Protecting Species and Timber Communities from Extinction: A Case Study on Spotted Owls, Logging, and Cooperative Management in Western Lane County, Oregon

This Note uses western Lane County as a case study to diagnose sticking points in conservation under the ESA and prescribe characteristics of management strategies more likely to sustain both resource extraction-dependent communities and populations of listed specie (read more)

What's New

More Individualized and Easier to Follow: A Case for Changes to the Production of Pesticide Warning Labels

Linda Gordon

March 16th 2024

To fulfill its statutory mandate under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the U.S. Environmental Protection Agency (EPA) should provide information about risk factors for developing cancer, both in terms of individual risk profiles and making the results of the registration and re-registration reviews more accessible to the ...

Ending Pesticide Myopia: Broadening the Role of Alternatives in Assessing Dangerous Products Under FIFRA

Linda Gordon

March 16th 2024

EPA’s unambiguous duty to consider alternatives can be a forceful tool to cancel duplicative, hazardous pesticides. EPA should take advantage of that authority to protect unsuspecting consumers from pesticides that can be easily replaced by less harmful ones.

Today’s Crutch, Tomorrow’s Calamity: Interstate Aquifer Management Must Center Sustainable Yield

Linda Gordon

March 16th 2024

This Note demonstrates that the Court’s surface water equitable apportionment doctrine, which primarily protects established uses, is insufficient to protect interstate groundwater resources.

Constraining Federal Policy Whiplash on Public Lands

Linda Gordon

March 16th 2024

Although solutions that curb whiplash are hard to come by in a country characterized by an increasingly polarized electorate, this Note suggests several avenues to consider within the legislative, executive, and judicial branches.

First Amendment Constraints on Proposition 65

Linda Gordon

March 16th 2024

This Note examines the fate of Proposition 65 in the aftermath of California Chamber of Commerce v. Council for Education & Research on Toxics, a 2022 Ninth Circuit case that affirmed a preliminary injunction against enforcement of the acrylamide cancer warning.

The Social Cost of the Social Cost of Carbon

Linda Gordon

March 16th 2024

Cost Benefit Analysis is indeed irredeemably biased against climate action. It is also a fundamentally arbitrary metric to judge climate regulations aimed at preserving human health, safety, and the environment, and one which undermines the federal government’s stated commitment to environmental justice. The way forward is not better cost-justification of ...

Environmental Justice in Cumulative Impacts Analysis

Linda Gordon

March 16th 2024

Cumulative impact analysis (CIAs) under NEPA and CEQA are currently flawed. However, with the above amendments to NEPA and CEQA’s CIA frameworks, government agencies’ EAs of projects, such as the Project in San Bernardino, will be better positioned to consider and prioritize environmental justice concerns moving forward.

Living with Major Questions: West Virginia Leaves Opportunity for USDA in Farm Bill Commodity Subsidies

Linda Gordon

March 16th 2024

USDA’s ability to mitigate climate change through commodity subsidy programs exemplifies an area where bold, agency-led climate action is still possible, even after West Virginia.

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ELQ at a Glance

53 Years
197 Issues
129 Contributors
689 Members

 

 

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